This case has been cited 4 times or more.
2015-03-25 |
VILLARAMA, JR., J. |
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The elements of the crime of robbery with homicide are: (1) the taking of personal property is committed with violence or intimidation against persons; (2) the property taken belongs to another; (3) the taking is done with animo lucrandi; and (4) by reason of the robbery or on the occasion thereof, homicide (used in its generic sense) is committed.[16] Homicide is said to have been committed by reason or on the occasion of robbery if it is committed (a) to facilitate the robbery or the escape of the culprit; (b) to preserve the possession by the culprit of the loot; (c) to prevent discovery of the commission of the robbery; or (d) to eliminate witnesses to the commission of the crime.[17] In robbery with homicide, the original criminal design of the malefactor is to commit robbery, with homicide perpetrated on the occasion or by reason of the robbery. The intent to commit robbery must precede the taking of human life. The homicide may take place before, during or after the robbery.[18] | |||||
2014-09-22 |
LEONEN, J. |
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In the special complex crime of robbery with homicide, homicide is committed in order "(a) to facilitate the robbery or the escape of the culprit; (b) to preserve the possession by the culprit of the loot; (c) to prevent discovery of the commission of the robbery; or (d) to eliminate witnesses to the commission of the crime."[61] 21 stab wounds would be overkill for these purposes. | |||||
2013-07-10 |
LEONARDO-DE CASTRO, J. |
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In People v. Quemeggen,[20] this Court gave the requisites to be proven by the prosecution for appellant to be convicted of robbery with homicide, to wit: The taking of personal property is committed with violence or intimidation against persons; | |||||
2010-09-08 |
VELASCO JR., J. |
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Essential for conviction of robbery with homicide is proof of a direct relation, an intimate connection between the robbery and the killing, whether the latter be prior or subsequent to the former or whether both crimes are committed at the same time.[20] |